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World Legislation as Deliberation about the Common Good of International society

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This contribution describes how the phenomenon of world legislation by the Security Council highlights the interrelationship between the entrustment of the common good of international society and a concentration of legislative and executive powers in an organ of an international institution. The notion of the trias politica seems unsuitable to address this dichotomy, in so far as the practice of the Security Council may be analyzed in policy, legislative and executive terms. Seeking to contain these powers through other international organs evokes the specter of the super-State, consistently rejected in ICJ jurisprudence. The contribution ends by suggesting how deliberative and representative aspects may direct us to seeing the action of both organs of international institutions and the members of international society as informing the common good of international society.

Affiliations: 1: T. M. C. Asser Institute, The Hague


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